The purposes of this chapter are to promote
the health, welfare and good government of the inhabitants of the
Borough of Wanaque, in the County of Passaic, to protect the public
against fraud at public auction sales and to fix fees for the licensing
of auctioneers and public auctions.
For the purposes of this chapter, the following
definitions are hereby fixed:
AUCTIONEER
All persons, firms and corporations who engage in the sale
of goods, wares and merchandise, at sale or auction, to the highest
bidder or to others at prices fixed by bid.
PUBLIC AUCTION
The sale of goods, wares and merchandise to the highest bidder
or to others at prices fixed by bid.
It shall be unlawful for any person, firm or
corporation to act as auctioneer or to conduct public auctions or
to conduct sales based on bidding in the Borough of Wanaque, in the
County of Passaic, without first applying for and obtaining a license
so to do from the Mayor and Council of the Borough of Wanaque, in
the County of Passaic, in the manner hereinafter provided. All such
licensees shall fully comply with the Health Code of the Borough of
Wanaque, in the County of Passaic, and as prescribed in the Revised
Statutes of New Jersey and all regularly adopted ordinances of the
Borough of Wanaque, in the County of Passaic, and the laws of the
State of New Jersey.
Any license granted under this chapter shall
not be transferable.
No public auction sale shall be open for business
or conducted in the Borough of Wanaque, in the County of Passaic,
on any Sunday or holiday. No such sale shall be conducted on any other
day not a Sunday or holiday between the hours of 11:30 p.m. and 12:00
noon, prevailing time.
The Board of Health is directed and empowered
to enforce the Health Code and Ordinance of the Borough of Wanaque,
in the County of Passaic, and the health regulations prescribed by
the Revised Statutes of New Jersey and of the State Board of Health,
and from time to time shall determine the adequacy of the sanitary
facilities on the premises of the licensee, and shall report to the
Mayor and Council such violations as it may find to exist.
Any license granted hereunder shall be subject
to revocation or suspension by the Mayor and Council in the following
manner, to wit: Notice shall be served upon the person, firm or corporation
holding such license, specifying wherein there has been a failure
to comply with the requirements of this chapter or any rules or regulations
which may have been adopted by the borough for the conduct of public
auction sales, and requiring appearance of the licensee before the
Mayor and Council at a day and hour therein specified, not less than
five days after personal service of said notice to such licensee,
or by registered letter directed to the address furnished on the application
for such license, requiring such licensee to show cause why said license
should not be revoked or suspended. At the time and place mentioned
in said notice, the person, firm or corporation holding such license
shall have the right to appear and introduce such evidence as said
person, firm or corporation may desire, and the Mayor and Council
may desire, after confronting the licensee with any charges that may
have been preferred, at its discretion, to revoke or suspend the license.
Auction sales under any court order, private
single sales and those conducted under the auspices of religious,
veterans', charitable and civic organizations, are hereby excluded
from the terms of this chapter.
Any person, firm or corporation violating any
of the provisions of this chapter or said rules and regulations, or
contributing in any way to the violation thereof, shall, upon conviction
thereof, be punished by a fine not exceeding $500 or by imprisonment
in the county jail not exceeding 90 days, or by both such fine and
imprisonment, at the discretion of the Municipal Judge of the Borough
of Wanaque, in the County of Passaic.